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How Did UP Government Know Mishra Will Not Tamper With Witnesses?

By Sunil Garodia
First publised on 2022-04-05 06:06:56

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court took a dim view of the manner in which the Allahabad High Court dealt with the bail application of Ashish Mishra, the prime accused in the Lakhimpur Kheri incident where a convoy of cars ran over farmers. Mishra is the son of Union minister of state for Home affairs Ajay Mishra Teni. It has reserved its judgment in the plea for cancelling his bail.

The UP government argued in court that Ashish Mishra is "not a flight risk" and is unlikely to "tamper with witnesses". But the Supreme Court did not accept the state's contention and said that it should have followed the SIT advice which had recommended for opposing his bail plea on the grounds that he could tamper with witnesses.

It is strange that the UP government did not act upon the advice of the SIT, comprising of senior police officers, to strongly oppose Mishra’s bail plea. How was it so sure that once out, Mishra would not threaten witnesses? It is also regrettable that Allahabad HC granted him bail by going into the merits of the case which the Supreme Court said was "unnecessary for considering a bail plea".  Mishra may not run away but if he out on bail, there is every chance that he will threaten and browbeat witnesses.

The UP government should have considered Mishra's immense clout in the area as his father is an MP and a junior Union minister. If granted bail, his mere presence in the area would have scared witnesses from coming forward. It argued that each of the 98 witnesses had been granted police protection. But India has seen witnesses disappear and turn hostile even if they are under police protection once the accused is granted bail.

The Lakhimpur Kheri incident was a result of the sense of entitlement which families of MPs, MLAs and ministers appropriate for themselves. They are not scared of anyone and know that they will get out of any situation, however damning, due to the clout of their family. This needs to be changed and Ashish Mishra's bail must be cancelled as a first step and he must be punished as per law for his beastly act. 

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